Also known as: written consent procedures · written consent
Written by attorneys · grounded in primary & secondary sources — see below
A formal signed document by which the relevant party or parties authorize a specified legal action or reclassification. The document satisfies procedural requirements that would otherwise demand a meeting, court order, or additional formal step.
Wanda Williams sued Westbrook Dynamics for breach of contract. After the answer arrived, Wanda's lawyer prepared an amended complaint adding a fraud count. Westbrook Dynamics signed a short written consent form authorizing the amendment. The court accepted the amended pleading without requiring a motion for leave.
Wesley Wong and Whitney Washington held title to a vacation home purchased during marriage. They executed a written consent designating the home as Wesley's individual property. Under the uniform act the home was thereafter treated as individual rather than marital property.
Select any source to read its text and confirm it supports the definition.
Wellesley Media needed to elect two new directors before the fiscal year closed. All voting shareholders signed a written consent electing the candidates. The corporation recorded the consent and avoided holding the annual meeting required by the model act.
Wallace Webb received a damage award for harm to his separately owned vehicle. He and his spouse signed a written consent directing that the recovery remain his individual property. The uniform act therefore classified the funds outside the marital estate.
Windham Technologies shareholders sought to remove a director elected by cumulative voting. A majority signed a written consent removing the director. Because the number of votes cast against removal was insufficient to elect the director under cumulative voting, the removal took effect.
Wolverine Steel shareholders needed to approve a charter amendment adding a classified board. They delivered signed written consents to the corporation within the required sixty-day window. The consents satisfied the stockholder-approval requirement without convening a meeting.
Yes. The Model Business Corporation Act permits shareholders to elect directors or take other actions by written consent in lieu of an annual meeting when the consents are signed by the required number of shares and delivered to the corporation.
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Yes. Section 4(g)(4) expressly lists written consent as one method by which property may be designated the individual property of a spouse, removing it from the marital estate.
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Yes. Rule 15(a)(2) authorizes amendment with the opposing party's written consent, removing any requirement to obtain the court's permission.
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Yes, provided the consents are signed by holders of sufficient shares and delivered within sixty days of the first consent. The corporation must then give notice to nonconsenting shareholders, but the action itself is valid.
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…of a customer's securities if hypothecated securities would be commingled with the securities of another customer, absent written consent); § 240.15c2-3 (prohibiting transactions by broker-dealers in unvalidated German securities); § 240.15c2-4 (prohibiting broker-dealers from accepting any part of the sale price of a…